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HomeMy WebLinkAboutOrdinance 550 CERTIFICATION I, Marcia McClure Torgerson, C.M.C., City Clerk of the City if Atascadero, hereby certify that the foregoing is a true and correct copy of Ordinance No. 550, adopted by the Atascadero City Council at a regular meeting thereof held on June 22, 2010, and that it has been r duly published pursuant to State Law. DATED: - r +NN%'I✓ ( dam( Marcia McClure Torgerson, C. City Clerk City of Atascadero, California r ORDINANCE NO 550 am AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING TITLE 8 OF THE ATASCADERO MUNICIPAL CODE BY REPLACING SECTIONS 8-2.102(C) AND 8-2.102(E) OF THE LOCAL BUILDING CODE The City Council hereby finds and declares as follows WHEREAS, the National, State and local economy have experienced a significant economic downturn from 2007 to 2010; and, WHEREAS, this economic downturn has had a considerable negative effect on the construction industry, especially the local residential construction sector; and, WHEREAS, the City of Atascadero now has a backlog of over 250 building permit applications for new residential and commercial projects with outstanding plan check fees of over$374,000, and, WHEREAS, the building code requires building permit applications to be deemed abandoned after 180 days of inactivity; and, `.r WHEREAS, the City Council determined that it was in the economic interests of the City of Atascadero to provide relief to the construction industry by extending the permit extension deadlines, and, WHEREAS, the City Council has approved a Phase I and Phase II Dormant Permit Extension Program that will expire on June 30, 2010, and, WHEREAS, the City Council directed staff to prepare a Phase III Dormant Permit Extension Program code text amendment that would provide an addition time extension to inactive building permit application am City of Atascadero Ordinance No. 550 Page 2 of 4 rr.r NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1 Section 8-2.102(c) of the Atascadero Municipal Code is amended to read as follows 105.3.2. Time limitations of application. (a)-, Expiration of Plan Review Applications for which no permit is issued within 180 days following date of notification of approval/ready for issuance by the Building Division, or applications within 180 days following date of notification of permit corrections to be picked up or returned, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee No extension is allowed except by written appeal to the Building Official The Building Official is authorized to grant one extension of time for an additional period not exceeding 180 days. No application shall be extended more than once. (b)-2—Fee refund. Application fees and permit fees are assessed to cover the cost of providing permit issuance services and therefore are not refundable once service has been obtained. A full refund (100%) can only be given when a cancelled application was submitted and/or reviewed due to staff error Refunds for cancelled applications will not include submittal fees, document imaging fees, and plan review fees (once a plan review has been completed) Refunds must be requested in writing and within one (1) year of application submittal date Refunds for cancelled permits will include up to 80% of the permit fee, provided no work has commenced and the request for refund is within one (1) year from permit issuance Refunds must be requested in writing and within one (1) year of permit issuance. Refunds will not be processed for applications and/or permits that have been suspended or revoked, or that have expired due to limitation. (c). Phase III - 2010 Dormant Building Permit Application Extension Program. In addition to the processing timeframes provided for in Section 105.3.2.1, all dormant permit applications currently covered in Dormant Permit Application Programs Phase I and Phase II shall be provided application am extensions consistent with the following: City of Atascadero Ordinance No. 550 Page 3 of 4 wrr 1 Phase I. Building Permit Applications that are included in the Phase I Dormant Building Permit Application Extension Program, have paid all outstanding plancheck fees to the City, but have not received building permits by June 30, 2010, are allow an extended deadline until June 30, 2011 to issue a building permit provided a $150 00 processing fee is paid at time of permit issuance. Phase I permits that are not issued by June 30, 2011 are extended to December 31, 2011 provided that prior to issuance, (1) all outstanding plan check fees are pard (2) a $150 00 processing fee is paid, and (3) building construction plans have be revised to meet the current Building Code requirements 2. Phase II. Building Permit Applications that are included in the Phase II Dormant Building Permit Application Extension Program permits are extended to December 31, 2011 provided that prior to issuance, (1) all outstanding plan check fees are paid (2) a $150 00 processing fee is paid, and (3) building construction plans have be revised to meet the current Building Code requirements 3 All Dormant Building Permit Applications that have not been issued by December 31, 2011 will become null and void, and all unpaid fees for services rendered will be due to the City of Atascadero is full irrr SECTION 2 A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and, before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public INTRODUCED at a regular meeting of the City Council held on June 8, 2010, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on June 22, 2010, by the following roll call vote AYES Council Members Beraud, Clay, Kelly, Mayor Pro Tem O'Malley and Mayor Fonzi NOES None ABSTAIN None err. ABSENT None City of Atascadero Ordinance No. 550 Page 4 of 4 irr CITY OF ATASCADERO By- \t Ro erta Fonzi, Mayor ATTEST WLC� W Cape 7 Marcia McClure Torgerson, C.M.0 , City Jerk APPRO D AS TO FORM. Brian A. Pierik, City Attorney